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Cruel and Unusual

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Graham vs. Florida Docket No. 08-7412
Case Basics:
Petitioner-Terrence Jamar Graham
Respondent-Florida
Decided By-Roberts Court (2009-2010)
Opinion-560 U.S.__ (2010)
Granted-Monday, May 4, 2009
Argued-Monday November 2, 2009
Decided-Monday, May 17, 2010
Advocate’s-Brian S Gowdy(for the petitioner)
Scott D Makar-(solicitor general of Florida, for the respondent)

16 year old Terrence Graham was convicted of armed burglary and attempted armed robbery he served 12 months then was released. Six months later Mr. Graham now 17 was tried and convicted by a Florida State court of armed home robbery and sentenced to life in prison without parole .On appeal he argued that the life sentence without parole violated his Eighth amendment and even more so was considered cruel and unusual punishment. The Supreme Court held that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not permit a juvenile offender to be
Sentenced to life in prison without parole for a non- homicidal crime. The eighth amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase cruel and unusual punishment first appeared in the English Bill of Rights. In colonial America, the British often employed branding, whipping, public humiliation an extremely long prison sentences for minor crimes.
Pros: For Terrence 1. Gives the juvenile a chance to demonstrate maturity 2. Becomes an asset to society 3. Demonstrate reform

Pros: Life Without Parole

Cons:
1. Children don’t have the maturity set to make rational decisions on their own
2. Are often pushed by peer pressure
3. Adolescents don’t tend to consider future consequences
4. Children are vulnerable to external influences.
This is what the court found to set children apart from adults and is to be handed down a differential punishment than adults when it comes...

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